DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3824)

FORMWELL QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 SEPTEMBER 2018

Application for approval of the Formwell QLD Pty Ltd and CFMEU Union Collective Agreement 2018 - 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Formwell QLD Pty Ltd and CFMEU Union Collective Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Formwell QLD Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2018-2019. The application was heard in the Fair Work Commission, which is the relevant tribunal for matters concerning workplace relations and employment standards in Australia. The application was brought to the Commission to ensure that the proposed collective agreement met the statutory requirements and did not contravene any laws or standards.

The primary legal issues before the Commission were whether the collective agreement adhered to the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. These included assessing whether the agreement contained any terms that were contrary to public policy or otherwise unlawful. Furthermore, the Commission needed to determine whether the agreement was consistent with the principles of the Fair Work Act, which includes promoting harmonious, productive and cooperative workplace relations.

In rendering its decision, the Commission examined the provisions of the agreement in detail. The Commission found that the terms and conditions set out in the collective agreement were fair and reasonable. It was determined that the agreement did not contain any terms that were unlawful or contrary to public policy. Moreover, the Commission found that the agreement promoted cooperative and productive workplace relations, in line with the objectives of the Fair Work Act. Consequently, the Commission approved the Formwell QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

The Fair Work Commission granted the application for approval of the collective agreement. The Commission’s decision was based on its findings that the agreement was fair, reasonable and consistent with the objectives of the Fair Work Act. The terms of the agreement were found to be lawful, and it was determined that the agreement fostered cooperative and productive workplace relations.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established